Tag: leave policy

Determining FMLA Eligibility: Impact of Supreme Court’s 2015 Same-Sex Marriage Decision

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Does Pregnant Employee Have a Discrimination Claim?

By Beth Kahn and Timothy J. Toohey, Morris Polich & Purdy LLP A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating […]

Determining FMLA Eligibility: New Definition of Spouse

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Ask the Expert: Will Laying Off Enlisted Employee Violate USERRA?

We have just determined that we will be having a reduction in force. One of our employees, who was scheduled to be affected by the reduction, just notified us yesterday that he needed the day off to get a health exam as part of his enlistment process for military service. Since his selection for termination […]

Determining FMLA Eligibility for Temporary Workers

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the third area of the three-prong test used to determine FMLA eligibility, the minimum worksite requirement. However, how do you handle FMLA eligibility for temporary workers? Let’s have a look.